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Home My WebLink AboutDSD-2024-318 - Draft Plan of Condominium Application (Vacant Land) - 30CDM-24207 - 1001 King Street East - King-Charles Properties KitchenerStaff Report r J R Development Services Department www.kitchener.ca REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: August 12, 2024 SUBMITTED BY: Garett Stevenson, Director, Development and Housing Approvals 519-741-2200 ext, 7070 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: July 15, 2024 REPORT NO.: DSD -2024-318 SUBJECT: Draft Plan of Condominium Application (Vacant Land) 30CDM-24207 1001 King Street East King -Charles Properties Kitchener RECOMMENDATION: That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, By-law 2023-103, hereby grants draft approval to Draft Plan of Condominium Application 30CDM-24207 for 1001 King Street East in the City of Kitchener, subject to the conditions as shown in Appendix `A'. REPORT HIGHLIGHTS: The purpose of this report is to provide a planning recommendation to approve the proposed Vacant Land Condominium (VLC) for the property located at 1001 King Street East. Community engagement for the VLC Application included: o Circulation of a notice letter to owners of property within 120 metres of the subject property; o Staff received 1 neighbourhood response and corresponded directly with the member of the public; and, o Notice of the public meeting was advertised in The Record on July 19, 2024. This report supports the delivery of core services. EXECUTIVE SUMMARY: The owner of the property at 1001 King Street East is proposing to obtain draft approval for a 2 -unit VLC which will consist of 2 Units and common element areas. The Unit breakdown is as follows: • Unit 1 — Mixed use - residential/commercial units. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 16 of 295 • Unit 2 - Mixed use - residential/commercial units. Staff is supportive of the proposed application for the subject lands. BACKGROUND: The Owner, King -Charles Properties Kitchener, has made application to the City of Kitchener for a Draft Plan of VLC. 5A 4� <v Z� O T AREA STF Figure 1: Location map pl� ��eFR SAF y� Y QOCD cFS Cl CO CO DELTA ST Qfi A( S The subject lands are addressed as 1001 King Street East and are located near the intersection of King Street East and Ottawa Street North. The subject property has a lot area of 0.61 hectares (1.51 acres) with 95 metres of frontage along King Street East. The subject lands are located within the City's delineated 'Built Up Area', and within a 'Major Transit Station Area (MTSA)'. The lands are identified as a MTSA in the 2014 Kitchener Official Plan. In the City's Official Plan on Map 2 — Urban Structure the lands are within the MTSA circle for the Borden station. In May 2023, Council approved Official Plan and Zoning By-law Amendments on the subject lands which changed the Official Plan designation from 'Neighbourhood Mixed Use Centre with Special Policy Area 3' to 'Mixed Use Corridor' in the King Street East Secondary Plan, and changed the zoning from 'Neighbourhood Shopping Centre Zone (C- 2) with Special Use Provision 2U' in Zoning By-law 85-1 to 'High Intensity Mixed Use Corridor Zone (MU -3) with Special Regulation Provisions 544R, 788R and Holding Provision 100H' in Zoning By-law 85-1 to permit the development of a high intensity mixed use development. Page 17 of 295 In March of 2024 Council approved `Growing Together' which changed the land use of the subject lands to Strategic Growth Area C (SGA -C) and the zoning to Strategic Growth Area 4 (SGA -4) with Site Specific Provision (175) and Holding Provisions (19H) ad (77H) in Zoning By-law 2019-051. The Council approved Growing Together amendments to the Official Plan are fully approved but the zoning by-law amendments is under appeal. The Site Specific Growing Together Land use and Zoning carried forward the 2023 Planning recommendation and a high intensity mixed use development is permitted. The applicant has submitted Site Plan Application SP23/075/K/CD which has received conditional Site Plan Approval for a mixed use development with 514 residential dwelling units and ground floor commercial units within one 29 -storey Building. REPORT: The owner of the subject lands is proposing a VLC which will consist of 2 Units and common element areas. The Unit breakdown is as follows: • Unit 1 - Mixed use - residential/commercial units. • Unit 2 - Mixed use - residential/commercial units. Internal drive aisles, walkways, and landscaped areas, will make up the common elements. A VLC is similar to a plan of subdivision except that any roadways are privately -owned, rather than publicly owned, and lots are referred to as "units" in a VLC. The owner has received Conditional Site Plan approval for Site Plan Application SP23/075/K/CD as shown in Appendix `E'. The residential development consisting of 2 units to be developed with a mixed use building is permitted on the lands as per the policies in the City's Official Plan and regulations in the City's Zoning By-law 85-1 and Zoning By-law 2019-051. The VLC is attached as Appendix `A'. The purpose of the VLC is to permit the individual ownership (tenure) of each of the units on the subject property. Provincial Policy Statement, 2020 The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes building healthy, liveable and safe communities, the efficient development of lands and provision of a range of housing types and densities. Housing related policies in the PPS encourage providing an appropriate range and mix of housing options and densities to meet projected market-based needs of current and future residents. The PPS also promotes directing the development of new housing towards locations where appropriate levels of infrastructure and public service facilities are available to make efficient use of land. The proposed development is consistent with the PPS. Page 18 of 295 A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (Growth Plan): The Growth Plan promotes development that contributes to complete communities, creates street configurations that support walking, cycling and sustained viability of transit services and which creates high quality public open spaces. Policy 2.2.6.1(a) states that municipalities will support housing choice through the achievement of the minimum intensification and targets in this Plan, as well as the other policies of this Plan by identifying a diverse range and mix of housing options and densities, including additional residential units and affordable housing to meet projected needs of current and future residents. Planning staff are of the opinion that the applications conform to the policies of the Growth Plan. Regional Official Plan (ROP) 2023: The subject lands are located within the "Urban Area", and "Delineated Built Up Area" on Map 2 of the Regional Official Plan (ROP). Permitted uses of the Urban Area and Delineated Built -Up Area in the ROP include urban uses such as residential and commercial uses, among others. The subject lands are in the Borden Station (MTSA) in the ROP. The minimum density target within the Borden Station MTSA is 160 people and jobs/ha. The future development of the subject lands will contribute to the achievement of the overall density target for the Borden Station MTSA. Regional policies require Area Municipalities to plan for a range of housing in terms of form, tenure, density and affordability to satisfy the various physical, social, economic and personal support needs of current and future residents. Based on Staff review and comments from the Region of Waterloo, Staff is of the opinion that the application conforms to the Regional Official Plan. Official Plan The Official Plan establishes an Urban Structure for the City of Kitchener and provides policies for directing growth and development within this structure. Intensification Areas are targeted throughout the Built-up Area as key locations to accommodate and receive the majority of development or redevelopment for a variety of land uses. Primary Intensification Areas include the Urban Growth Centre, Major Transit Station Areas, Nodes and Corridors, in this hierarchy, according to Section 3.C.2.3 of the Official Plan. The subject lands are located within a Protected Major Transit Station Area (PMTSA). The planned function of the PMTSA is to provide densities that will support transit, and achieve a mix of residential, office, institutional and commercial uses. They are also intended to have streetscapes and a built form that is pedestrian -friendly and transit -oriented. Policies also require that development applications in PMTSAs give consideration to the Transit -Oriented Development policies contained in Section 13.C.3.12 of the Official Plan. Generally, the Transit -Oriented Development policies support a compact urban form, that supports walking, cycling and the use of transit, by providing a mix of land uses in close proximity to transit stops, to support higher frequency transit service and optimize transit Page 19 of 295 rider convenience. These policies also support developments which foster walkability by creating safe and comfortable pedestrian environments and a high-quality public realm. King Street East Secondary Plan The subject lands are designated `Mixed Use Corridor with Special Policy Area 10" (Map 10) in the 1994 Official Plan (King Street East Secondary Plan). The Mixed Use Corridor land use designation provides residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. Over time it is intended that the Mixed Use Corridors shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. A maximum Floor Space Ratio (FSR) of 8.1 is permitted. 2014 Official Plan Growing Together In July of 2024 Region of Waterloo Council approved Growing Together which changed the land use of the subject lands to Strategic Growth Area C (SLAC). The SGAC land use is applied to large, underutilized sites and properties next to ION station stops, where high- density intensification can be supported, is expected and is planned for. The SGA3 and SGA4 zones are applied within the SGA -C land use. The implementing zoning limits portions of the SGA -C areas to 28 storeys. Any development proposal for a taller building within SGA3 zone requires a Zoning By-law Amendment or a minor variance application where the SGA4 zone properties additional building height subject to approval of an Aeronautical Assessment. The City's Official Plan contains policies that speak to provision of housing, including redevelopment: Policy 4.C.1.22: The City will encourage the provision of a range of innovative housing types and tenures such as rental housing, freehold ownership and condominium ownership including common element condominium, phased condominium, and vacant land condominium, as a means of increasing housing choice and diversity. Policy 4.C.1.12. The City favours a land use pattern which mixes and disperses a full range of housing types and styles both across the city as a whole and within neighbourhoods. Based on the above housing policies, staff is of the opinion that the application conforms to the Official Plan. Department and Agency Comments: A copy of all comments received from the commenting agencies and City departments are attached as Appendix `C'. There are no outstanding concerns with the proposed application. Community Input and Staff Responses: Staff received 1 written response from a nearby resident (attached as Appendix `D'). Residents that had concerns with proposed development changing what was recently approved. Planning staff responded directly to the resident by email to answer their Page 20 of 295 questions and concerns and explained that only the tenure is being considered and that no changes were proposed to the height and density that was previously approved by Council in May 2023. No changes to the built form, unit count, Official Plan designation or Zoning can be made through this application. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: There are no financial implications associated with this recommendation. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the committee meeting. A notice of the public meeting was placed in the newspaper on July 19, 2024 (Appendix `B'). CONSULT — The Application was circulated to property owners within 120 metres of the subject lands on April 29, 2024 as per Planning Act requirements. This report will be posted to the City's website with the agenda in advance of the committee meeting. PREVIOUS REPORTS/AUTHORITIES: • Zoning By-law 85-1 and 2019-051, as amended by By-law 2024-065 • Official Plan, 1994, 2014 • Regional Official Plan, 2023 (amended by ROPA 6) • Provincial Policy Statement, 2020 • Planning Act, R.S.O. 1990, c. P.13 • Growth Plan, 2020 • Site Plan Application SP23/075/K/CD REVIEWED BY: Malone -Wright, Tina —Manager of Development Approvals, Development and Housing Approvals Division APPROVED BY: Garett Stevenson, Director of Development and Housing Approvals ATTACHMENTS: Appendix A — Draft Approval Conditions and Draft Plan of Condominium 30CDM-24207 Appendix B — Newspaper Notice Appendix C — Department and Agency Comments Appendix D — Neighbourhood Comments Appendix E — Conditionally Approved Site Plan SP23/075/K/CD Page 21 of 295 0 : ° \ / \ / LU ° Z m \u zs Lu ƒ\ 0 M � 0 ° a \} \� zj w Z 0\ C) \» !: f Ln � \ \ _/ �Z-,o L6 z / \r Q®/ ƒ/ � \ \)( �fe �3 Es 2 *— �{ }k,\& tZ; © = s`saf $ y Ec)E f j\«\ , { E = E @ ±Q)§:§E5= EEE4E \�:::z_ /g ■ «E@�@j{) =Eeee=; 3/®)®2#) r G R/}j\\/ = \§ § G w(®k§}2 « �!!a\§ \ \ f ff)((?? f f?f)?? (a e = 0 : ° \ / \ / LU ° Z m LU Z zs Lu ---- _ ::-( M � °\ ° c \� zj w Z 0\ C) \» !: � j/\ L �Z-,o L6 z / \r Q®/ j U \)( Z//~ Q � :\\ LO m N 0 N N ¢ 2 n � Z \u U �§ j U ƒ\ � 0 _� � a \$ C13 �a) S �� Z 2 7\ ƒ 2 fLn / � C/) q �\ \ , !# ƒ/ 2 ;- - ;\ \ _« > »f .Hill ly/ T3 \/ _ v { _ -f e s s{ -a - © LU g =__ 2 o T3 ,{ E JE e $y/§/��f ±°0 0E+- EEE4\ $+EEEE- \8 ■ «E@=@){) . =E��=E 3/®2222/ R/}}\\E r G \ \ = \§ § ®� }}§ ()f??? « �!!a\| / \ f f f f??)2? z }\ _ r _ ra e = Z U �§ U ca_ � \ _� � U C13 �a) S �� Z q� ` � C/) q �\ , !# \ > 11111111 11101111- < . > .Hill ly/ LU UN |, ® y ^ ` ° \ . \ \ � z }\ `® ,LULL 11111111 0 0 }E LU rZ Z 0 ) Q LU }}: � /§\ LL z z \\: U }/) mj Z S :22 Appendix "A" DSD -2024-318 DRAFT PLAN OF CONDOMINIUM 30CDM-24207 1001 King Street East King -Charles Properties Kitchener RECOMMENDED CONDITIONS OF DRAFT APPROVAL That the City of Kitchener, pursuant to Section 51(31) of the Planning Act R.S.O. 1990, c.P.13, as amended, and By-law 2023-103, of the City of Kitchener, hereby grants draft approval to Condominium Application 30CDM-24207 for the property municipally known as 1001 King Street East in the City of Kitchener, subject to the following conditions: That this approval applies to Draft Condominium 30CDM-24204 owned by King -Charles Properties Kitchener, dated April 5, 2024 proposing a Vacant Land Condominium Plan for 0.61 hectares of land comprised of 2 units and common elements. Units 1-2: Mixed use residential/commercial units Common Elements: Internal drive aisle, walkways, landscape areas and balconies for use by suites in VLCP Unit 2 will also be common elements where the said balconies extend over top of VLCP Unit 1. The said overlapping balconies will be exclusive use common elements for VLCP Unit 2. 2. That the final plan shall be prepared in general accordance with the above noted plan, with a copy of the final plan being approved by the City's Director of Development and Housing Approvals. 3. That prior to registration, the Owner obtain approval form the City's Addressing Analyst of the following: An addressing plan showing the proposed units with Condominium Unit Numbering; and; ii) A summary table containing the proposed Condominium Unit Numbering and assigned municipal addresses. 4. That the Condominium Declaration proposed to be registered (the "Declaration") or any amendment thereto to effect the registration of a condominium phase shall be submitted for approval to the City's Director of Development and Housing Approvals and Regional Municipality of Waterloo's Commissioner of Planning, Development and Legislative Services. The said Declaration shall contain: Provisions, to the satisfaction of the City's Director of Development and Housing Approvals and Regional Municipality of Waterloo's Commissioner of Planning, Development and Legislative Services, regarding ownership details and rights and obligations for common elements including, but not limited to, access lanes, sanitary, storm and water services, gas utilities and open space/amenity areas, if any. In addition, the Declaration shall contain specific provisions 4 ii) through 4 vii), as outlined below, to the satisfaction of the City's Director of Development and Housing Approvals. ii) That the condominium corporation agrees to maintain the subject lands in compliance with approved Site Plan. Page 24 of 295 iii) Provisions that obligate the condominium corporation to be created upon the registration of the Declaration and Description (the "Condominium Corporation") to implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the Condominium Corporation iv) Provisions that obligate the Unit Owners of the condominium plan to implement and maintain any Region required salt management plan related to winter snow and ice clearing obligations of the said Unit Owners. v) Provisions that identify if the approved condominium plan is to be phased pursuant to the Act that ensure that: a. the lands in the registered condominium plan created by the registration of the Declaration and Description have either direct access or access pursuant to one or more easements satisfactory to the City's Manager of Development Review and the Region's Commissioner of Planning, Development and Legislative Services to all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner; b. the lands in any phase registered after the initial registration of the Declaration and Description have, following the registration of such phase, either direct access or access pursuant to one or more easements satisfactory to the City's Manager of Development Review and the Region's Commissioner of Planning, Development and Legislative Services to c. all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner; d. the remainder of the lands of the approved condominium plan not yet registered as part of the proposed condominium plan have, following the initial registration of the Declaration and Description or any phase thereof, either direct access or access pursuant to one or more easements satisfactory to the City's Manager of Development Review and the Region's Commissioner of Planning, Development and Legislative Services to all required municipal and other services and such adjacent street(s) for ingress and egress as required by the said Manager and Commissioner. e. the City's Manager of Development Review and/or the Region's Commissioner of Planning, Development and Legislative Services may require solicitors' and/or engineers' written opinions as such Manager or Commissioner may deem necessary to establish compliance with any one or more of the conditions set out in the three subparagraphs immediately above. vi) That Despite the best efforts of the Waterloo Region District School Board (WRDSB), accommodation in nearby facilities may not be available for all anticipated students. You are hereby notified that students may be accommodated in temporary facilities and/or bussed to a school outside the area, and further, that students may, in future, be transferred to another school. For information on which schools are currently serving this area, contact the WRDSB Planning Department at 519-570-0003 ext. 4419, or email plan ning(u-)-wrdsb.ca. Information provided by any other source cannot be guaranteed to reflect current school assignment information. In order to limit liability, public school buses operated by the Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, Page 25 of 295 will not travel on privately owned or maintained right-of-ways to pick up students, and potential busing students will be required to meet the bus at a congregated bus pick-up point. vii) In order to limit risks, public school buses contracted by Student Transportation Services of Waterloo Region (STSWR), or its assigns or successors, will not travel on privately owned or maintained right-of-ways to pick up and drop off students, and so bussed students will be required to meet the bus at a congregated bus pick-up point. 5. That the Owner covenant and agree in writing to the City's Director of Development and Housing Approvals to register a Condominium Declaration which shall include the approved provisions as required in condition 4 hereof. 6. That the Owner shall provide an undertaking that the new home purchasers or future tenants will be advised in Offers of Purchase and Sale or rental agreements of the location of Centralized Mail Boxes. 7. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are no outstanding taxes on the subject property to the satisfaction of the City's Revenue Division. 8. That the Owner shall make arrangements for the granting of any easements for utilities and municipal services. The Owner agrees to comply with the following easement procedure: For any of such easements which are not blanket easements, the Owner shall provide drafts of any required reference plan(s) showing the proposed easement(s) location to the City's Director Development & Housing Approvals prior to the registration. Such easement(s) and reference plan(s) must be circulated for comment to Enova Power Corp., any telecommunication companies, and the City's Director of Engineering Services to ensure that there are no conflicts between the desired locations for utility and municipal easements. ii) if utility easement locations are proposed within lands to be conveyed to, or owned by the City, the Owner shall obtain prior written approval from the City's Director Development & Housing Approvals; and iii) to provide to the City's Director Development & Housing Approvals a clearance letter from each of Enova Power Corp. and the telecommunications company (ies) (if any) supplying telecommunication services to the property. Such letter shall state that sufficient wire -line communication/telecommunication infrastructure is available within the proposed development and the provider(s) have received all required easements if required. 9. That the Owner shall submit to the City of Kitchener a Letter(s) of Credit to cover 100 percent of the remaining cost of all outstanding and/or uncertified site development works within the common element areas as may be identified through the Site Plan process to the satisfaction of the City's Director of Development and Housing Approvals. The Letter(s) of Credit shall be kept in force until the completion and certification of the required site development works in conformity with their approved designs. If a Letter(s) of Credit is about to expire without renewal thereof and the works have not been completed and certified in conformity with the approved designs, the City may Page 26 of 295 draw all of the funds so secured and hold them as security to guarantee completion and/or certification, unless the City Solicitor is provided with a renewal of the Letter(s) of Credit forthwith. ii) In the event that the Owner fails to complete the required site development works, to the satisfaction of the City's Director of Development and Housing Approvals, then it is agreed by the owner that the City, its employees, agents or contractors may enter on the lands and so complete and/or certify the required site development works to the extent of the monies received under the Letter(s) of Credit. The cost of completion of such works shall be deducted from the monies obtained from the Letter(s) of Credit. In the event that there are required site development works remaining to be completed, the City may by by-law exercise its authority under Section 326 of the Municipal Act to have such works completed and to recover the expense incurred in doing so in like manner as municipal taxes. iii) Other forms of performance security may be substituted for a Letter(s) of Credit, at the request of the owner, provided that approval is obtained from the City Treasurer and City Solicitor. 10. That prior to the initial registration and subsequent amendment phases, the Owner shall provide documentation indicating that any required visitor parking, barrier free parking, rights-of-way for access and easements for servicing, including the maintenance thereof, have been provided over the lands included in preceding registrations as well as any adjacent development lands which are included in this application to the satisfaction of the City's Director of Development and Housing Approvals. 11. That prior to the initial registration, where required, at the discretion of the Chief Building Official, that the Owner enter into a shared servicing agreement to be registered on title, to the satisfaction of the City Solicitor. In addition, where the shared servicing agreement is required: ii) The Owner shall provide a written undertaking to cause the condominium corporation created by the initial registration to enter the same shared servicing agreement after said registration and have the agreement registered on title to the initial registration and proposed future phases, to the satisfaction of the City Solicitor. iii) A solicitor shall provide an undertaking not to register the shared servicing agreement in any form other that the form approved by the City. 12. That prior to the initial registration and subsequent amendment phases, the Owner shall provide documentation indicating that any required visitor parking, barrier free parking, rights-of-way for access and easements for servicing, including the maintenance thereof, have been provided over the lands included in preceding registrations as well as any adjacent development lands which are included in this application to the satisfaction of the City's Director of Development and Housing Approvals. 13. That the Applicant/Owner agrees to stage development of this condominium in a manner satisfactory to the Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging; 14. THAT prior to final approval, the Owner/Developer shall enter into a registered development agreement with the Regional Municipality of Waterloo and/or City of Kitchener Page 27 of 295 to implement the recommendations contained in the detailed transportation and stationary noise study. 15. THAT prior to final approval all noise warning clauses identified within the noise study shall be included within the Condominium Declaration and all offers of Purchase and Sale/Lease/Rental Agreements to the satisfaction of the Regional Municipality of Waterloo. 16. THAT prior to final approval, the Owner/ Developer shall include provisions within the Condominium Declaration for the Condominium Corporation and Unit Owners to comply with the negotiated Risk Management Plan for salt application (Risk Management Plan # 00135 prepared by Stephen Litt dated November 1, 2021). 17. THAT prior to final approval, the Regional Municipality of Waterloo be provided with a copy of the registered development agreement between the Owner/Developer and the City of Kitchener; and, 18. THAT prior to final approval, the final draft of the Condominium Declaration be forwarded to the Commissioner of Planning, Development and Legislative Services at the Regional Municipality of Waterloo. CLEARANCES: That prior to the signing of the final plan by the City's Director of Development and Housing Approvals, the Owner shall submit a detailed written submission outlining and documenting how conditions 3 through 18 inclusive have been met. The submission shall include a brief but complete statement detailing how and when each condition has been satisfied. 2. That prior to signing of the final plan by the City's Director of Development and Housing Approvals, the Regional Municipality of Waterloo shall notify the City's Director of Development and Housing Approvals that Conditions 4i), iii), iv), v) & vii), and 13 through 18 have been satisfied. NOTES: The owner is advised that the provisions of the Development Charge By-laws of the City of Kitchener and the Regional Municipality will apply to any future development on the site. 2. The condominium plan for Registration must be in conformity with Ontario Regulation 43/96 as amended, under the Registry Act. 3. Draft approval will be reviewed by the Director of Development and Housing Approvals from time to time to determine whether draft approval should be maintained. 3. It is the responsibility of the owner of this draft plan to advise the Regional Municipality of Waterloo Department of Planning, Development and Legislative Services and the City of Kitchener Development Services Department of any changes in ownership, agent, address and phone number. 4. The owner is advised that the Regional Municipality of Waterloo has adopted By-law 96- 025, pursuant to Section 69 of the Planning Act, R.S.O. 1990, c.P. 13, to prescribe a tariff of fees for application, recirculation, draft approval, modification to draft approval and registration release of plans of condominium. Page 28 of 295 5. This draft plan was received on April 12, 2024 and deemed complete on April 12, 2024 and shall be processed and finally disposed of under the Planning Act, R.S.O. 1990, c.P. 13, as amended as of that date. 6. To ensure that a Regional Release is issued by the Region's Commissioner of Planning, Development and Legislative Services to the City of Kitchener prior to year end, it is the responsibility of the owner to ensure that all fees have been paid, that all Regional conditions have been satisfied and the required clearance letters, agreements, prints of plan to be registered, and any other required information or approvals have been deposited with the Regional Planner responsible for the file, no later than December 15th. Regional staff cannot ensure that a Regional Release would be issued prior to year end where the owner has failed to submit the appropriate documentation by this date. 7. When the survey has been completed and the final plan prepared to satisfy the requirements of the Registry Act, they should be forwarded to the City of Kitchener. If the plans comply with the terms of the approval, and we have received assurance from the Regional Municipality of Waterloo and applicable clearance agencies that the necessary arrangements have been made, the Director of Development and Housing Approvals signature will be endorsed on the plan and it will be forwarded to the Registry Office for registration The following is required for registration and under The Registry Act and for our use: Two (2) original mylar Five (5) white paper prints One (1) digital copy Page 29 of 295 NOTICE OF PUBLIC MEETING fora development in your neighbourhood 1001 King Street East *UBJECTAREA r bEIT ,sr c ap Location Map Vacant Land Condominium I IT(',HENE Have Your Voice Heard! Planning & Strategic Initiatives Committee Date: August 12, 2024 Location: Council Chambers, Kitchener City Hall 201 King Street West orVirtual Zoom Meeting Go to kitchener.ca/meetings and select: • Current agendas and reports (posted 10 days before meeting) • Appear as a delegation • Watch a meeting To learn more about this project, including information on your appeal rights, visit: www.kitchenenca/ PlanningApplications or contact: Craig Dumart, Senior Planner craig.dumart@ kitchener.ca 519.741.2200 x7073 The City of Kitchener will consider an application proposing a Vacant Land Condominium (VLC) which will consist of 2 units and common element areas. A VLC is like a plan of subdivision except the road is privately -owned rather than publicly owned and lots are referred to as "units" in a VLC. Unit 1 will contain 264 Residential units, 3 live/work units and 1 commercial unit., unit 2 will contain 238 Residential units, 10 live/work unit q� :3Qccfrr29&I unit. Internal drive aisles landscaped areas and walkways will make u the common P � y P elements. Craig Dumart From: Craig Dumart Sent: Wednesday, June 12, 2024 10:37 AM To: Kate Wills @ MHBC Subject: FW: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CMD-24207 (1001 King Street East) Hi Craig, 1. A servicing plan must be approved as part of the Site Plan process to the satisfaction of the Engineering Division prior to condo registration. 2. The proposed services throughout the property, including storm and sanitary sewers, watermain, and stormwater infrastructure, must be within the "common element" in the declaration and reference plan or located in easements in the reference plan, and be registered on title to the properties, in favour of the condo board regardless of depth or location allowing the condo board maintenance access. The declaration and or reference plan must be reviewed and approved to the satisfaction of the Engineering Division prior to condo registration. Any questions, please advise. Eric Riek, C.E.T. Project Manager I Development Engineering I City of Kitchener From: Internet - Engineering 9th floor (SM) <engineering@kitchener.ca> Sent: Tuesday, April 30, 2024 12:34 PM To: Eric Riek <Eric.Riek@kitchener.ca> Subject: FW: Circulation for Comment - Draft Plan of Vacant Land Condominium 30CMD-24207 (1001 King Street East) Hi Eric, I believe this is your project? Thanks, Lori From: Christine Kompter<Christine.Kompter@kitchener.ca> Sent: Monday, April 29, 2024 4:15 PM To: _DL_#_DSD_Planning <DSD-PlanningDivision@kitchener.ca>; Bell - c/o WSP <circulations@wsp.com>; Canada Post - Brad Biskaborn (brad.biskaborn@ca nada post. postescanada.ca) <brad.biskaborn @ca nada post.postescanada.ca>; Carlos Reyes <Carlos.Reyes@kitchener.ca>; Darren Kropf <Darren.Kropf@kitchener.ca>; Dave Seller <Dave.Seller@kitchener.ca>; David Paetz <David.Paetz@kitchener.ca>; Internet - Engineering 9th floor (SM) <engineering@kitchener.ca>; Enova Power Corp. - Greig Cameron <greig.cameron@enovapower.com>; Enova Power Corp. - Shaun Wang <shaun.wang@enovapower.com>; Feras AbdulHadi <Feras.AbdulHadi@kitchener.ca>; Fire Prevention (SM) <FirePrevention@kitchener.ca>; French Catholic School Board <planification@cscmonavenir.ca>; GRCA - Planning (planning@grandriver.ca) <planning@grandriver.ca>; Landuse Planning <landuseplanning@hydroone.com>; Jordan MacLaughlin<Jordan.MacLaughlin@kitchener.ca>; Justin Readman <Justin.Readman@kitchener.ca>; Katherine Hughes <Katherine.Hughes@kitchener.ca>; Mike Seiling <Mike.Seiling@kitchener.ca>; MPAC - Kelly Button (kelly.button@mpac.ca) <kelly.button@mpac.ca>; MPAC (LPUconsents@mpac.ca) <LPUconsents@mpac.ca>; Nancy Steinfield<Nancy.Steinfield@kitchener.ca>; Park Planning (SM) <Park.Planning@kitchener.ca>; Property Data Administrator (SM) <PropDataAdmin@kitchener.ca>; Region - Amalia Walker <AmWalker@regionofwaterloo.ca>; Page 31 of 295 Region of Waterloo Craig Dumart, MCIP, RPP Senior Planner City of Kitchener 200 King Street West, 6t" Floor P.O. Box 1118, Kitchener, ON N2G 4G7 Dear Mr. Dumart, PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES Community Planning 150 Frederick Street 8th Floor Kitchener Ontario N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4466 www. reg i onofwaterl oo.ca Melissa Mohr 1-226-752-8622 File: D1920/2/24207 May 22, 2024 Re: Proposed Vacant Land Plan of Condominium 30CDM-24207 1001 King Street East MHBC Planning Inc. C/O Kate Wills on behalf of King - Charles Properties Kitchener C/O Vive Development CITY OF KITCHENER The Region has prepared the following comments relating to the above noted Vacant Land Plan of Condominium at 1001 King Street East in Kitchener. The purpose of these comments is to identify any items that need to be address prior to draft approval and those that can be imposed as conditions of approval. The applicant is proposing a Vacant Land Plan of Condominium consisting of 2 units and common elements with each unit corresponding to the following: Unit 1: 264 residential units, 3 live/work units and 1 commercial unit in 1 tower Unit 2: 238 residential units, 10 Live/Work Units and 2 commercial units Internal drive aisles, landscaped areas, and walkways make up the common elements. The subject lands are Designated Urban Area and Delineated Built Up Area in the Regional Official Plan. Furthermore, the subject lands are located in the Borden Major Transit Station Area. In addition, the subject lands are designated Mixed Use with Special Policy Area 10 in the City of Kitchener Official Plan and zoned High Intensity Mixed Use Corridor Zone (MU -3) Zone with Special Regulation Provisions 544R, 788R and Holding Provision 100H in the City of Kitchener Zoning By-law. The subject lands Document Number: 4676431 Version: 1 Page 32 of 295 were the subject of an Official Plan Amendment and Zoning By-law Amendment (OPA22/01 and ZBA22/007) which is now in force and effect. Furthermore, there is a conditionally approved site plan applying to the lands (File No. SP23/075/K/CD). These comments relate to the Draft Vacant Land Plan of Condominium prepared by the City of Kitchener; dated January 10, 2024: Regional Comments Community Planning The subject lands are located within the Borden ION Major Transit Station Area and are designated "Urban Area", and "Delineated Built Up Area" on Map 2 of the Regional Official Plan (ROP). The site is designated Mixed Use with Special Policy Area 10 in the City of Kitchener Official Plan. Permitted uses of the Urban Area and Delineated Built -Up Area in the ROP include urban uses such as residential and commercial/retail uses, among others. Regional staff have no objection to the application, and have the following technical comments and conditions related to the proposal: Environmental Threats/Record of Site Condition There are multiple medium and high environmental threats on and directly adjacent to the subject lands according to the Region's Threats Inventory. Through a previously reviewed Official Plan Amendment and Zoning By-law Amendment, Holding Provision was implemented to obtain a Record of Site Condition and Ministry Acknowledgement Letter for the entirety of the subject lands. Regional staff received a copy of RSC # B-403-7220750794 as well as the plan of survey and associated Ministry Acknowledgement Letter for the Record of Site Condition and have no further comment on the Record of Site Condition. Environmental Noise Through previously reviewed Official Plan Amendment and Zoning By-law Amendment applications, a holding provision was implemented to obtain a detailed transportation, vibration and road noise study. The applicant has submitted an environmental noise report entitled "Noise Feasibility Study, Proposed Residential Development, K.O.C. 1001 King Street East, Kitchener, Regional Municipality of Waterloo, Ontario" prepared by HGC Engineering Ltd. dated April 16, 2024. As per correspondence from May 8, 2024, the applicant is required to pay for a third party review by an external Noise Consultant retained by the Region. The fee for this third party review is $4,500.00 + HST ($5,085.00 total). Please submit the payment for the third party review as the review of the study will only occur once payment is made. Additional fees may apply depending on the scope of the review required. The Region shall require that all accepted mitigation measures be implemented as a condition of draft plan approval. The wording of the condition is: Document Number: 4676431 Version: 1 Page 33 of 295 THAT prior to final approval, the Owner/Developer shall enter into a registered development agreement with the Regional Municipality of Waterloo and/or City of Kitchener to implement the recommendations contained in the detailed transportation and stationary noise study. Risk Management/Part 4 of the Clean Water Act The Section 59 Notice received May 2, 2024 is valid. Regional staff understand that a Provisional Risk Management Plan for salt management has been negotiated (Risk Management Plan # 00135 prepared by Stephen Litt dated November 1, 2021) and require that implementation measures be included in the Condominium Declaration as a condition of draft plan approval. The wording of the condition is: THAT prior to final approval, the Owner/Developer shall include provisions within the Condominium Declaration for the Condominium Corporation and Unit Owners to comply with the negotiated Risk Management Plan for salt application (Risk Management Plan # 00135 prepared by Stephen Litt dated November 1, 2021). Hydrogeology and Source Water Protection: Please be advised that there is no support for permanent or active or passive dewatering controls for below -grade infrastructure; therefore, below -grade infrastructure requiring dry conditions must be waterproofed. Below grade infrastructure includes foundations, slabs, parking garages, footings, piles and elevator shafts. Regional Water Services: The applicant is advised that the Region shall not support a connection to 600mm diameter watermain in the Charles St East right of way in accordance with Section B.2.1.4.1 of the Design Guidelines and Supplemental Specifications for Municipal Services, February 2023. Region of Waterloo International Airport: The subject lands are within the Obstacle Protection Area of Runway 08 approach. Through the previously reviewed and accepted Aeronautical Assessment entitled "Preliminary Review of 4 Construction Projects around Kitchener/Waterloo Airport, Vive Development" prepared by IDS Corporation, dated May 17, 2022, Regional staff accepted an allowable development elevation of 477m ASL at this location. Regional staff advise the applicant must submit a Land Use application to Nav Canada, and obtain a letter of no objection if they have not done so already. The application can be found here: https://www.navcanada.ca/en/aeronautical-information/land-use- program.aspx Housing Services The following Regional policies and initiatives support the development and maintenance of affordable housing: • Regional Strategic Plan Document Number: 4676431 Version: 1 Page 34 of 295 10 -Year Housing and Homelessness Plan Building Better Futures Framework Region of Waterloo Official Plan The Region supports the provision of a full range of housing options, including affordable housing. Staff recommend that the applicant consider providing a number of affordable housing units on the site, as defined in the Regional Official Plan. Rent levels and house prices that are considered affordable according to the Regional Official Plan are provided below in the section on affordability. In order for affordable housing to fulfill its purpose of being affordable to those who require rents or purchase prices lower than the regular market provides, a mechanism should be in place to ensure the units remain affordable and establish income levels of the households who can rent or own the homes. Staff further recommend meeting with Housing Services to discuss the proposal in more detail and to explore opportunities for partnerships or programs and mechanisms to support a defined level of affordability. For the purposes of evaluating the affordability of an ownership unit, based on the definition in the Regional Official Plan, the purchase price is compared to the least expensive of: Housing for which the purchase price results in annual accommodation costs $2,040 which do not exceed 30 percent of gross $395,200 annual household income for low and moderate income households Bachelor: $1,164 Housing for which the purchase price is 1 -Bedroom: $1,346 at least 10 percent below the average $740,000 purchase price of a resale unit in the regional market area 'Based on the most recent information available from the PPS Housing Tables (2023). In order for an owned unit to be deemed affordable, the maximum affordable house price is $395,200. For the purposes of evaluating the affordability of a rental unit, based on the definition of affordable housing in the Regional Official Plan, the average rent is compared to the least expensive of: A unit for which the rent does not exceed 30 per cent of the gross annual $2,040 household income for low and moderate income renter households A unit for which the rent is at or below the Bachelor: $1,164 average market rent (AMR) in the 1 -Bedroom: $1,346 regional market area 2 -Bedroom: $1,658 Document Number: 4676431 Version: 1 Page 35 of 295 3 -Bedroom: $2,039 4+ Bedroom: n/a 'Based on the most recent intormation available trom the PPS Housing Tables (2023) In order for a rental unit to be deemed affordable, the average rent for the proposed units must be at or below the average market rent in the regional market area as shown above. Draft Plan of Condominium Conditions: The Region has no objections to draft approval of Vacant Land Plan of Condominium 30CDM-24207, subject to the inclusion of the following conditions of Draft Approval set out below: 1) THAT the Owner/Developer agrees to phase/stage development of this condominium in a manner satisfactory to the Commissioner of Planning, Development and Legislative Services and the City of Kitchener, including any easements or other requirements as a result of staging; 2) THAT prior to final approval, the Owner/Developer shall enter into a registered development agreement with the Regional Municipality of Waterloo and/or City of Kitchener to implement the recommendations contained in the detailed transportation and stationary noise study. 3) THAT prior to final approval all noise warning clauses identified within the noise study shall be included within the Condominium Declaration and all offers of Purchase and Sale/Lease/Rental Agreements to the satisfaction of the Regional Municipality of Waterloo. 4) THAT prior to final approval, the Owner/ Developer shall include provisions within the Condominium Declaration for the Condominium Corporation and Unit Owners to comply with the negotiated Risk Management Plan for salt application (Risk Management Plan # 00135 prepared by Stephen Litt dated November 1, 2021). 5) THAT prior to final approval, the Regional Municipality of Waterloo be provided with a copy of the registered development agreement between the Owner/Developer and the City of Kitchener; and, 6) THAT prior to final approval, the final draft of the Condominium Declaration be forwarded to the Commissioner of Planning, Development and Legislative Services at the Regional Municipality of Waterloo. Fees The Region acknowledges receipt of the Region's condominium application review fee of $3,350.00 (received May 16, 2024). Document Number: 4676431 Version: 1 Page 36 of 295 General Comments Any future development on the lands subject to the above -noted application will be subject to the provisions of Regional Development Charge By-law 19-037 or any successor thereof. Please accept this letter as our request for a copy of the decision pertaining to this application. Should you have any questions, please do not hesitate to contact me. Yours truly, Melissa Mohr, MCIP, RPP Senior Planner C. King -Charles Properties Kitchener C/O Vive Development (Owner) MHBC Planning Inc. C/O Kate Wills and Pierre Chauvin (Applicants) Document Number: 4676431 Version: 1 Page 37 of 295 Craig Dumart From: Jodi Schmidt <jomarkschmidt@rogers.com> Sent: Wednesday, May 8, 2024 6:16 PM To: Craig Dumart Subject: 1001 King Street East Development [You don't often get email from jomarkschmidt@rogers.com. Learn why this is important at https:Haka.ms/LearnAboutSenderidentification ] Hello Craig I see that the developer for this property is changing the way it will be developed. Assuming it's the same owner, I see that the promise of mid -priced rental units are no longer going to happen. This is unfortunate I have done some research on Vacant Land Condominiums and I cannot understand how this will work for high rises. understand how it works with townhouses and detached homes but I cannot understand how it will work with a high rise. Can you provide more detail or examples of this kind of development in KW. Thank -you Jodi Schmidt 53 Borden Ave N PS. We never received a postcard notice In the mail from the city on this matter like we usually do.? 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City, Regional and GRCA staff are reviewing further materials including an Environmental Impact Study. Two residential dwellings are proposed to be demolished that are currently vacant. The applications are being reviewed from a land use planning perspective. While I appreciate the political nature and sensitivity of the use (weapons manufacturing), especially given current global conflicts, there is no land use planning rationale to support a prohibition of this particular manufacturing use. Further, firearms in Canada are regulated by the federal government and any manufacturing of weapons requires a federal license from the Chief Firearms Officer. Even if the City did attempt to prohibit this use through the Zoning By- law, the existing operation would be legal non -conforming and could continue and could be expanded in accordance with the Planning Act. The OPA and ZBA applications are scheduled for the Planning and Strategic Initiatives Committee meeting on August 12 and Council on August 26. Please let me know if you would like to discuss further. Thanks, Garett Stevenson (he/him), BES, RPP, MCIP Director, Development and Housing Approvals Division I City of Kitchener 519-741-2200 x 7070 1 TTY 1-866-969-9994 1 garett.stevenson(cDkitchener.ca 600000000 From: David Alton they -them Sent: Tuesday, July 16, 2024 12:29 PM To: Garett Stevenson <Garett.Stevenson@kitchener.ca>; Natalie Goss <Natalie.Goss@kitchener.ca> Subject: Back from sick leave Hi Garett and Natalie, Page 294 of 295 I am off my sick leave finally! Let me know when you want to connect next about LEWG. In the meantime I hope you will let me do a bit of advocacy. I saw that the Colt factory is seeking an expansion. Can you keep me posted on public meetings for that process so I can disrupt it. Furthermore, I have been talking to councilors about the need to restrict arms manufacturing in the city. Debbie connected me to Steve in bylaw who says their is nothing on the books, yet. I think there are bylaws possible as plenty of municipalities have bylaws against arcades and similar'morally depraved' (lol) businesses. Steve also pointed me to yall as zoning could have weapons manufacturing as a restricted use. I know its probably going to take several years to implement such zoning or a bylaw. But can you help point me in the right direction so I can direct my mennonite pacifist army of advocates in the right direction? -David Page 295 of 295